Regulatory Developments

Ozone Reform Bill Passed by House

By a vote of 229 to 199, the House passed H.R. 806, the Ozone Standards Implementation Act, a bill that would double the 5-year time frame under which the EPA reviews the Clean Air Act’s (CAA) National Ambient Air Quality Standards (NAAQS) for ozone and provide the Agency the authority to consider factors other than human health when revising the ozone NAAQS.
The bill emerged from objections raised by states and industry after the Obama EPA revised the 2008 ozone NAAQS in 2015 by lowering the 8-hour standard from 75 parts per billion (ppb) to 70 ppb. The revisions force states to begin implementing the 2015 standards before the 2008 standards are attained. The EPA contributed to the problem by not issuing its implementation guidance for the 2008 NAAQS until 2015. Before the Agency’s promulgation of the 2015 ozone standards, nearly 700 national, state, and local organizations and stakeholders representing businesses across the country requested that the EPA retain the 2008 standards.

7-Year Extension

H.R. 806’s key provisions would:

Phase in implementation of the 2015 ozone standards by extending the date for final designations from the current 2018 to 2025 and aligning permitting requirements.

Revise the time for mandatory review of the NAAQS from 5 to 10 years, while allowing the EPA discretion to issue revised standards earlier.

Authorize the EPA to consider technological feasibility as a secondary consideration when establishing or revising the NAAQS.

Direct the EPA to obtain advice from the agency’s scientific advisory committee regarding potential adverse effects before revising the NAAQS, as required by CAA Section 109.

Direct the EPA to issue implementation regulations and guidance concurrently when revising the NAAQS, including with respect to permitting requirements.

Ensure that for certain ozone and particulate matter nonattainment areas, states are not required to include economically infeasible measures in their implementation plans.

Revise the definition of “exceptional events” under CAA Section 319 to include droughts and extraordinary stagnation.

Direct the EPA to submit two reports to Congress: one regarding the impacts of foreign emissions on NAAQS compliance; the second regarding ozone formation and effective control strategies.

Limit the applicability of particular sanctions and fees on certain ozone and particulate matter nonattainment areas if states demonstrate the reason for nonattainment is for emissions beyond the states’ regulatory control.

Lawmakers—Yea and Nay

“We need to give states better tools to meet air quality goals efficiently,” said Representative Pete Olson (R-TX), the bill’s main sponsor, following the House vote. “As we work to keep this trend moving in the right direction, my bill provides needed flexibility so that states and localities can adequately achieve new, lower standards with time for compliance.”

In the report published by the House Energy and Commerce Committee, the bill was roundly condemned by House Democrats Frank Pallone (NJ) and Paul Tonko (NY).

“House Republicans claim that the goal of H.R. 806 is to facilitate a more efficient implementation of the EPA’s NAAQS by states and provide states additional time to implement the new ozone standards,” wrote Pallone and Tonko. “But H.R. 806 is an irresponsible compilation of attacks that in reality strikes directly at the heart of the CAA. This bill would undermine decades of progress on cleaning up air pollution and protecting public health from all criteria pollutants—not just ozone. It would cause irreparable harm to public health and the environment.”

The Senate is currently considering a companion bill to H.R. 806.

The text of H.R. 806, the Committee report, and related information can be found here.

Connect with Us

Free Resources

The 2017 Hazard Communication Survey sponsored by VelocityEHS® and its MSDSonline solutions was launched in mid-June 2017, and by the time the survey closed about one month later, 449 environmental, health, and safety (EHS) professionals had shared their insights into how their organizations are currently meeting their hazard communication challenges.

The 2017 Safety Automation & Technology Trends Survey, sponsored by ProntoForms, was launched in early July 2017 by EHS Daily Advisor. The responses paint a real-world picture of how safety professionals are using new technologies to manage the many challenges that they face every day. Highlights from the study include the following: 55% of survey participants […]

Check out the results of BLR’s OSHA Recordkeeping Standard and Electronic Submission Survey sponsored by Sphera. The survey sheds light on how companies are faring in response to OSHA’s upcoming 1904 recordkeeping rule updates and what solutions are expected to help them with electronic submission. Highlighted findings from the poll of over 400 survey participants include […]

Check out our recent survey and its accompanying report, both sponsored by eCompliance®, to get insight into how safety professionals and their companies are encouraging employees to actively participate in safety initiatives. The study illustrates the diverse opinions within the safety field regarding such issues as implementing behavior-based vs. participation-based programs, measuring safety participation, and […]

OSHA Challenge

According to research from the National Safety Council and Brigham Health Sleep Matters initiative, sleep deprivation is a hidden workplace issue. The research found that this region in the United States has the highest risk factors for sleep deprivation.

Safety Solutions Showcase

Safety Decisions Magazine

A quarterly magazine offering a fresh look at the strategic issues that challenge safety executives in today’s ever-changing business arena. Read the latest edition today.

Safety Training

Compliance will only take you so far with injury prevention. To achieve world-class safety performance on and off-the-job you must address the human factors that are involved in the majority of incidents and injuries. Learn how SafeStart fits within your existing safety system to reduce injuries 24/7